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(b)
in so far as those benefits are wholly or partly in respect of a period of
service as a public officer that commenced after the date of commencement
of this Constitution, be the law in force on the date on which that period of
service commenced,
or any law in force at a later date that is not less favourable to that person.
(3)
Where a person is entitled to exercise an option as to which of two or more laws shall
apply, the law for which that person shall opt, shall for the purposes of this section, be
deemed to be more favourable to that person than the other law or laws.
(4)
All pensions benefits (except so far as they are a charge on some other fund and
have been dully paid out of that fund to the person or authority to whom payment is due) shall
be a charge on the Consolidated Fund.
(5)
Subject to the imposition of any reasonable conditions relating to the form in which
any payment of pensions benefits is to be remitted, a person who is entitled to the payment of
any pensions benefits and who is ordinarily resident outside Swaziland may, within a
reasonable time after that person has received that payment, remit the whole of it (free from
any deduction, charge or tax made or levied in respect of the remission) to any country of
choice outside Swaziland.
(6)
Pensions benefits shall not be the subject of attachment by order of court for the
satisfaction of any judgment or pending the determination of civil proceedings to which a
person is a party except where that judgement or civil proceedings are in respect of
maintenance.
(7)
In this section “pensions benefits” means any pensions, compensation, gratuities or
other like allowances for persons in respect of their service as public officers or for the
widows, children, dependants or personal representatives of those persons in respect of that
service.
(8)
Reference in this section to the law with respect to pensions benefits include (without
prejudice to their generality) references to the law regulating the circumstances in which such
benefits may be granted or in which the grant of such benefits may be refused, the law
regulating the circumstances in which any such benefits that have been granted may be
withheld, reduced in amount or suspended and the law regulating the amount of any such
benefits.
Power of commissions over pensions
196.
(1)
Where under any law any person or authority has a discretion –
(a)
to decide whether or not any pensions benefits shall be granted; or
(b)
to withhold, reduce in amount or suspend any such benefits that have been
granted,
those benefits shall be granted and may not be withheld, reduced in amount or suspended
unless the appropriate Commission concurs in the refusal to grant the benefits or, as the case
may be, in the decision to withhold, reduce in amount or suspend those benefits.
(2)
Where the amount of any pensions benefits that may be granted to any person is not
fixed by law, the amount of the benefits to be granted to that person shall be the greatest
amount for which that person is eligible unless the appropriate Commission concurs in that
person being granted benefits of a smaller amount.
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